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TRUST DEED, 



FROM 



EDWARD C. flELAVAN, 
TJWTON COLLEGE, 

SCHENECTADY, N. T. 



An Indenture, made the 27th day of July, one thousand eight 
hundred and fifty-eight, between Edward C. Delavan, of the town 
of Ballston, in the county of Saratoga, of the first part, and the Col- 
lege Corporation usually called "Union College," incorporated 
by the Regents of the University of the State of New-York, by the 
name of " The Trustees of Union College in the town of Schenectady 
in the State of New-York," of the second part : 

Whereas the party of the first part has recently purchased of 
Charles M. Wheatley, for the price or consideration of ten thousand 
dollars, a valuable and very extensive Cabinet or collection of Mine- 
rals, Shells, &c, containing a great number of duplicates, triplicates, 
&c, which are also of great value ; and whereas the said Edward C. 
Delavan purchased the said Cabinet or collection of Minerals, Shells, 
&c, with the intention of making a donation thereof to the said Col- 
lege, for the use and benefit of the officers, faculty, professors, teachers 
and students and undergraduates who should be connected with the 
said College from time to time while they were respectively connected 
with the same, upon such terms and conditions, and subject to such 
right of visitation as he the said Edward C. Delavan might think pro- 



2 Uc^f£A 

per to prescribe in the Deed of Trust to the College corporation, by 
which he should make the said Donation : 

Now Therefore, This Indenture witnesseth, that the said Edward 
C. Delavan, the said party of the first part, in consideration of his 
good will to the said College corporation, and of his desire to promote 
the cause of education, and to aid in the diffusion of useful knowledge, 
and of one dollar to him in hand paid by the said College corporation, 
the said party of the second part, does hereby grant and convey the 
said Cabinet or collection to the said party of the second part, the 
Trustees of the said College and their successors, so long as the said 
corporation shall exist as a literary or scientific institution by the same 
name, or by any other corporate name, upon the following trusts, and 
subject to the regulations, conditions, restrictions, and rights of visita- 
tion and direction by the Board of Visitors, as to the manner of per- 
forming the Trust, which are hereinafter mentioned or provided for, 
to wit : 

First. The said cabinet of minerals, shells, &c, shall hereafter be 
called and known, in the proceedings and acts of the Trustees of the 
said College corporation, and of the Board of Visitors herein provided 
for in relation to the said minerals, shells, &c, as the " Wheatley 
Cabinets." 

Second. The said party of the second part, at the expense of the 
College corporation, shall provide and keep all necessary books for 
the registering the various specimens which shall belong to the said 
" Wheatley Cabinets" from time to time, and the duplicates and tri- 
plicates, &c, and of the sales and exchanges made of such duplicates, 
&c, and of the new specimens received in exchange for duplicates 
and triplicates, or purchased with the proceeds of such sales ; and the 
said party of the second part shall in like manner provide, renew, and 
keep in repair, in some proper and convenient rooms or department 
of the College buildings, suitable and proper cases for the purpose of 
putting up, exhibiting, and safely securing from injury or loss, of at 
least one set or article of each of the various specimens, now embraced 
in the said " Wheatley Cabinets," or which shall hereafter be added 



thereto by exchange or purchase ; which cases shall at all times be 
furnished by the said party of the second part, with suitable locks and 
keys, or other proper fastenings, to secure such specimens from pillage 
or loss. 

Third. The said party of the second part shall in like manner pro- 
vide suitable cases and securely keep in some of the College buildings 
all the duplicate and triplicate, &c, specimens from loss, and so as 
to furnish ready access to such specimens, for the purpose of exchange 
or sale ; and with suitable locks and keys or other proper fastenings 
to such cases, so as to protect such duplicates, triplicates, &c, from 
pillage or loss. 

Fourth. None of the specimens belonging to the said " Wheatley 
Cabinets" shall at any time be sold or given away ; but where there 
are duplicate or triplicate specimens, such duplicate and triplicate &c, 
specimens may be sold or exchanged for the purpose of increasing 
the variety of specimens in the Cabinets, by such officer or agent of 
the college corporation as may be designated for that purpose from 
time to time by the President or senior Trustee of the College corpo- 
ration, with the concurrence of the Board of Visitors hereafter pro- 
vided for, or the concurrence of the senior member of the said Board 
of Visitors. Monies received for duplicates and triplicates, <fec, sold, 
shall not be used for any other purpose than that of increasing the va- 
rieties of specimens in the said Wheatley Cabinets, and shall be applied 
to that object as soon as practicable from time to time by the officer or 
agent designated as aforesaid to make sales and exchanges of dupli- 
cates, triplicates, &c. 

Fifth. The immediate care and superintendence of the said Wheat- 
ley Cabinets and of the rooms in which the same shall be deposited 
from time to time, and the custody of the keys of the cases and of such 
rooms shall be given to such officer or agent of the College corpora- 
tion as shall be designated for the purpose from time to time by the 
President or senior Trustee of the College corporation, with the con- 
currence of the Board of Visitors hereafter provided for, or of the 



senior member of the said Board of Visitors, in the order of their ap- 
pointments respectively. 

Sixth. The said Edward C. Delavan, the party of the first part in 
this Indenture, the Hon. Alonzo C. Paige and the Rev. Jonathan 
Trumbull Backus, D. D., of the city of Schenectady, Albion Ransom, 
of the city of Albany, son-in-law of the said Edward C Delavan, John 
Savage Delavan, the eldest son of the said Edward C. Delavan, and 
William Marvin Delavan (when he arrives at the age of eighteen 
years), the second son of the said Edward C. Delavan, and the survi- 
vors or survivor of them and their successors, shall be from time to 
time, and at all times a Board of Visitors in relation to the said 
" Wheatley Cabinets" and this Trust; and whenever the number of 
the said Board of Visitors, living and competent to act, shall be re- 
duced below the number of four, the surviving Trustees who are com- 
petent to act shall from time to time appoint so many other Visitors 
as may be necessary to make up the number of four, so that the num- 
ber of Visitors competent to act shall at all times be kept up to the 
number of four as far as practicable. 

Seventh. The annual meetings of the said Board of Visitors shall 
be at the College on the days which may be fixed upon by the College 
corporation for the annual meetings of the Trustees of such College 
corporation, immediately preceding its annual commencement from 
time to time ; and such Board of Visitors may hold such other peri- 
odical or special meetings as the said Board or as the senior Visitor, 
in the order of their appointment, shall from time to time think pro- 
per to call or direct. A majority of the Board then alive and compe- 
tent to act, or any three or more of the said Visitors at any annual or 
periodical meeting of the said Board, and at any special meeting at 
which all shall have been notified to attend, shall constitute a quorum 
for the transaction of the business of the Board ; and a majority of 
such quorum shall be competent to decide any question which the 
Board is authorized to decide, and may adjourn from time to time as 
they may deem proper and expedient. 



Eighth. The said Board of Visitors may from time to time make 
such regulations as they maj deem expedient in relation to the care of 
the specimens belonging to the said Wheatley Cabinets and the man- 
agement thereof ; as to the time and manner of examining such speci- 
mens and visiting the rooms where they are kept, by the officers, fa- 
culty, professors, teachers and students connected with the College, 
and others ; as to the sales and exchanges of duplicates, triplicates, 
&c, and as to the said Cabinets generally. Those regulations, when 
sanctioned or approved of by the Trustees of the College corporation, 
or by its President, shall be conformed to and carried into effect by 
the College corporation, but subject to be altered, modified or amend- 
ed from time to time by the said Board of Visitors, with such sanction 
or approval of the Trustees or such President of the College cor- 
poration. 

Ninth. The said College corporation, at its own expense, shall 
from time to time, and at all times, keep the said Wheatley Cabinets 
fully and properly insured against loss or damage by fire ; and in 
case of loss, the insurance monies are to be applied to the purchase of 
other specimens for the restoration of the said Cabinets as far as shall 
be practicable, by such officer or agent of the College as shall be de- 
signated or appointed for that purpose by the President or senior Trus- 
tee of the College corporation, with the concurrence of the said Board 
of Visitors or of the senior member thereof. 

Tenth. Should the said College corporation cease to exist as an 
incorporated literary institution, then and in that, case the said Wheat- 
ley Cabinets shall go to such other incorporated College or seminary 
of learning in the State of New-York as the Begents of the University 
of the State of New- York shall designate and appoint ; to be held upon 
similar trusts and subject to the same rights of Visitation in every 
respect by the said Board of Visitors or their successors. 

Eleventh. The said party of the second part agrees to accept the 
said donation of the said Wheatley Cabinets in trust upon the terms, 
conditions and trusts aforesaid, and to make the necessary provisions 



for carrying into effect the wishes of the donor, the party of the first 
part, as herein specified and indicated. 

In witness whereof, the party of the first part has hereunto sub- 
scribed his name and aflixed his seal, and the party of the second part, 
the College corporation aforesaid, has caused its corporate seal to be 
aflixed hereto by its Treasurer, duly authorized by a resolution of its 
Board of Trustees to execute this Indenture as the act and deed of the 
said College corporation : this Indenture being thus executed in dupli- 
cate the day and year in this Indenture first mentioned, one part of which 
is delivered to the said College corporation by the said Edward C. 
Delavan, and the counterpart of which is delivered to the said Ed- 
\ ward C. Delavan by the said College corporation, the said party of 
the second part. 

SEALED AND DELIVERED } 
IN THE PRESENCE OF $ 

R. H. Walworth, 

Geo. Gilbert. 

EDWARD C. DELAVAN. [l. s.] 
JONATHAN PEARSON, [l. s.] 
Treasurer. 



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